Cities Index.
item 10 Approval of Final Tract Map No. TR 18181 and Subdivision Improvement Agreement with EBV Properties, LLC for the property located at 11712 Lampson Avenue, Garden Grove. (Action Item)

Garden Grove City Council
July 9, 2024

Document
item 10 Approval of Final Tract Map No. TR 18181 and Subdivision Improvement Agreement with EBV Properties, LLC for the property located at 11712 Lampson Avenue, Garden Grove. (Action Item)
Meeting
July 9, 2024
Body
Garden Grove City Council
Original file
93 KB
Text extracted from the city's file for reading and search. Open the original on agendasuite.org. That file is the official record.

RESOLUTION NO. 5978-20

RESOLUTION OF THE PLANNING COMMISSIO N OF THE CITY OF GARDEN GROVE APPROVING SITE PLAN NO. SP-081-2020 AND TENTATIVE TRACT MAP NO.

TT-18181, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF LAMPSON AVENUE, BETWEEN 9
TH STREET AND WEST STREET, AT 11712 LAMPSON AVENUE,
ASSESSOR’S PARCEL NO. 090-302-40.

BE IT RESOLVED that the Planning Commission of the City of Garden Grove, in a regular session assembled on April 16, 2020, hereby approves Site Plan No.

SP-081-2020 and Tentative Tract Map No. TT-18181, for a property located on the south side of Lampson Avenue, between 9
th Street and West Street, at 11712
Lampson Avenue, Assessor’s Parcel No. 090-302-40.

BE IT FURTHER RESOLVED in the matter of Site Plan No. SP-081-2020 and Tentative Tract Map No. TT-18181, the Planning Commission of the City of Garden Grove does hereby report as follows:

1. The subject case was initiated by Nhan Vuong.

2. The applicant is requesting Site Pl an and Tentative Tract Map approval to subdivide an existing 47,284 square foot lot, improved with a single-family home, into four (4) residential lots that will be served by a private street designed as cul-de-sac (Lot 5). Each lot will have a lot size of 10,031 square feet (Lot 1), 8,312 square feet (Lot 2), 10,520 square feet (Lot 3), and 7,783 square feet (Lot 4). The existing single-family home will be reconfigured to fit within the developable lot area of Lot 1. Lots 2, 3 and 4 will each be improved with a new two-story, single -family home. Also, a request for a minor land deviation to allow the fron t yard fence for Lot 1, located along Lampson Avenue, to be constructed at a height of 6 feet.

3. The City of Garden Grove has determ ined that Pursuant to the California Environmental Quality Act (“CEQA”), th e proposed project is categorically exempt from the CEQA pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines (1 4 Cal. Code Regs., Section 15303). As set forth in the Class 32 exemption, th e proposed project is: (1) consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (2) the proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses; (3) the project site has no value as habitat for endangered, rare or threatened species; (4) approval of the project would not result in any significant effects relating to traffic, noise, air quality or water qua lity; and (5) the site can be adequately served by all required utilities and public services. The project is therefore exempt from CEQA review.

Resolution No. 5978-20 Page 2

4. The property has a General Plan Land Use designation of Low Density Residential and is zoned R-1 (Single-Family Residential). The site is currently improved with a single-family home and a detached guest home. The existing single-family home will remain, and will be reconfigured, to fit within the developable lot area of Lot 1 of th e proposed subdivision. The existing guest home will be demolished, and wi ll be replaced on Lot 1 as a new Accessory Dwelling Unit (ADU) as permitted by State Law.

5. Existing land use, zoning, and General Plan designation of property in the vicinity of the subject property have been reviewed.

6. Report submitted by the City staff was reviewed.

7. Pursuant to a legal notice, a public hearing was held on April 16, 2020, and all interested persons were given an opportunity to be heard.

8. The Planning Commission gave due and careful consideration to the matter during its meeting on April 16, 2020; and

BE IT FURTHER RESOLVED, FOUND AND DE TERMINED that the facts and reasons supporting the conclusion of the Planning Commission, as required under Municipal Code Section 9.04.030 are as follows:

FACTS:

The property is a 47,284 square foot lot located on the south side of Lampson Avenue, between 9th Street and West Street. The property has a General Plan Land Use Designation of Low Density Residential and is zoned R-1 (Single-Family Residential). The property is located in a residential area improved with single- family residences. The property is currently improved with a 2,905 square foot single-family home with an attached, 655 square foot, carport constructed in 1957, and a detached, 1,120 square foot, guest house constructed in 1963.

The applicant proposes to subdivide the prop erty into four (4) residential lots that will be served by a private street (Lot 5) in order to improve each lot with a single-family home. The project proposes a density of 3.68 dwelling units per acre, which is consistent with the land use desi gnation density of up to nine (9) dwelling units per acre.

Each parcel will have a lot size of 10,031 square feet (Lot 1), 8,312 square feet (Lot 2), 10,520 square feet (Lot 3), and 7,783 square feet (Lot 4). The existing single-family home will be reconfigur ed and remodeled to accommodate the Resolution No. 5978-20 Page 3

proposed subdivision, and will include a new second-story addition. Lots 2, 3, and 4 will each be improved with a new single-family home.

The project has been designed to comply with the development standards of the R- 1 zone, including minimum lot size, lot width, building setbacks, building height, lot coverage, open space, and parking.

In addition, the proposed minor deviation will allow a 6-foot high wrought iron fence to be constructed 15 feet from the front property line, along Lampson Avenue, to secure Lot 1.

FINDINGS AND REASONS:

SITE PLAN

1. The Site Plan complies with the spirit and intent of the provisions, conditions, and requirements of the Municipal Code and other applicable ordinances.

The General Plan Land Use Designation of the subject site is Low Density Residential, which is intended to create, maintain, and enhance residential areas characterized by detached, single unit structures, and single-family residential neighborhoods that: (i) provide an excellent environment for family life; (ii) preserve residential property values; (iii) provide access to schools, parks, and other community services; and (iv) provide a high-quality architectural design. Policy LU-2.4 of the General Plan encourages the type and intensity of land uses to be consistent with that of the immediate neighborhood, while LU-IMP-2B encourages that new development be similar in scale to the adjoining residential neig hborhood to preserve its character.

The Low Density Residential General Plan Land Use Designation allows residential densities up to nine (9) dwelling units per acre with detached units on individual parcels.

The proposed project will subdivide an existing 47,284 square foot lot to create a residential neighborhood with four (4) single-family residential lots that will be served by a private street designed as a cul-de-sac (Lot 5). The project will have a density of 3.68 un its per acre, which complies with the density requirement of the Low Densit y Residential General Plan Land Use Designation. The existing single-family home on the project site will be reconfigured, and remodeled, to fit within the lot area of Lot 1, and Lots 2, 3 and 4 will each be developed with a new, two-story, single-family home. The project is located in a residential neighborhood improved with single-story and two-story single-family homes of vari ous architectural styles and square footages. The proposed single-family homes will be consistent and compatible with the existing residential neighborhood as each home is designed to comply Resolution No. 5978-20 Page 4

with the R-1 development standards, including building setbacks, building height, parking, lot coverage, lot size, and lot width, to ensure that is home similar in scale and type as the surrounding residential lots. The proposed project will be a valued addition to the area, and will provide additional housing units in the immediate area that will further the goals of the City’s Housing Element. Therefore, the project complies with the General Plan Land Use Designation and Title 9 of the Municipal Code.

2. The proposed development does not adversely affect essential on-site facilities such as off-street parking, loading and unloading areas, traffic circulation, and points of vehicular and pedestrian access.

The property will be accessed from a private street from Lampson Avenue that is designed as a cul-de-sac that wi ll serve each lot. The design of the private street will accommodate two-wa y traffic, on-street parallel parking spaces, as well as provide the required turn-around area for trash truck and emergency vehicle access. The appropriate red curbs and “No Parking” signs will be installed to allow for sufficient maneuvering of trash trucks and emergency vehicles. The project site wi ll also provide an interior sidewalk that originates from Lampson Avenue for pedestrian and handicap access.

Each residential home will be designed with four (4) bedrooms. Based on the proposed number of bedrooms, each ho me is required to provide a two-car enclosed garage and two (2) open park ing spaces, for a total of four (4) parking spaces per lot. Each lot will provide an attached or detached two-car enclosed garage and driveway space to accommodate two (2) open parking spaces, which meets the minimum required by Code. Additionally, three (3) parking spaces will be provided along th e east side of the private street to serve the project site.

The City’s Traffic Engineering Section has reviewed the proposed project, and all appropriate conditions of approval have been incorporated to minimize any adverse impacts to surrounding streets.

3. The development, as proposed, will not adversely affect essential public facilities such as streets and alleys, utilities, and drainage channels.

The streets in the area will be adequa te to accommodate the development once the developer provides the nece ssary improvements for the project.

Utilities and drainage channels in the area are existing and are adequate to accommodate the development. The proposed development will provide landscaping and proper grading of the site, thereby, improving drainage in the area.

Resolution No. 5978-20 Page 5

The Public Works Department has review ed the project, and has incorporated all the appropriate conditions of approval to minimize any adverse impacts.

4. The project will not adversely impact the Public Works Department's ability to perform its required function.

The Public Work’s Department has reviewed the project, and has incorporated all the appropriate condit ions of approval to minimize any adverse impacts.

5. The project is compatible with the phys ical, functional, and visual quality of the neighboring uses and desirable neighborhood characteristics.

The project has been designed to co mply with the R-1 zone development standards of Title 9 of the Municipal Code. The project site is located in a residential area improved with single-family homes. The proposed project will be compatible with the existing single-family developments in the area as each proposed lot will be improved with one (1) single-family home designed to comply with the development standar ds of the R-1 zone. Each home will provide a building design with architectural detailing that incorporates projecting building masses along the fr ont building elevation with varying rooflines to enhance the façade of the building. Each lot will provide landscaping within the front yard setback area, and within the interior private yard areas. Therefore, the project will have a reasonable degree of physical, functional, and visual compatibility with neighborhood.

6. Through the planning and design of buildings and building replacement, the provision of open space landscaping and other site amenities will attain an attractive environment for the occupants of the property.

The project has been designed for buil ding appearance, building placement and landscaping to attain an attra ctive environment that will be an enhancement to the residential neighborhood. The project has been designed to comply with the fifty-percent (50%) lot coverage requirement of the R-1 zone that will ensure that each parcel maintains the required amount of open usable space. Additionally, the conditions of approval will ensure that the landscaping requirements of the Municipal Code will be complied with.

The architectural style of each home is contemporary in design that incorporates Mediterranean or Craf tsman style inspired architectural detailing. Each home incorporates projecting and recessed building masses, along with varied rooflines, in order to articulate the building’s facade. The building’s architectural detailing includes the use of an entry porch, varied window shapes, multi-pane windows, and decorative trim around the Resolution No. 5978-20 Page 6

windows and doors to enhance the building. The exterior building materials for each unit will consist of a stucco fini sh with concrete roof tile, along with architectural detailing that compliments the style of each home.

TENTATIVE TRACT MAP

1. The proposed map is consistent with the General Plan.

The proposed map is consistent with th e provisions of the General Plan Land Use Designation of Low Density Residential. The General Plan Land Use Designation of Low Density Residential is intended to create, maintain, and enhance residential areas characterized by detached, single unit structures, and single-family residential neighborhoods. The Low Density Residential land use designation allows densities of up to nine (9) dwelling units per acre with a detached unit on their own parcel. Policy LU-2.4 of the General Plan encourages the type and intensity of land uses to be consistent with that of the immediate neighborhood; while LU-IMP-2B encourages that new development be similar in scale to the adjoining residential neighborhood to preserve its character.

The project site is located in a reside ntial area improved with single-family homes. The proposed map will subdivide a 47,284 square foot lot into four (4) residential lots (Lots 1 to 4) that will be served by a private street (Lot 5), to create a single-family neighborhood. The proposed subdivision will be similar in scale to the surrounding sing le-family neighborhood as the project is designed to comply with the development standards of the R-1 zone. Each residential lot will be improved with one (1) single-family home, with a density of 3.6 units per acre, which co mplies with the General Plan density requirement.

Each lot is designed to comply with the minimum lot size requirement of 7,200 square feet, and the minimum lot width of 60 feet for an interior lot, and 65 feet for a corner lot, of the R-1 zone. Each single-family home is also designed to comply with the R-1 zo ne requirements, include building setbacks, building height, lot coverage , and parking. The configuration of each lot, and the design of each ho me, is compatible with the existing residential neighborhood. The construction of the new single-family homes will increase the number of available housing in the area, and further the goals of the Housing Element of the Gene ral Plan to meet the City’s regional housing needs.

2. The design and improvement of the prop osed subdivision are consistent with the General Plan.

Resolution No. 5978-20 Page 7

The design and improvement of the pr oposed map is consistent with the General Plan of Low Density Residential, which is intended to create, maintain, and enhance residential areas characterized by detached, single- family homes on a single parcel. The proposed residential subdivision will create four (4) lots that will be serv ed by a private street (Lot 5) for the purpose of improving each lot with one (1) single-family home. The proposed subdivision will create a single-family residential neighborhood that complies with the R-1 zone requirem ents. Each lot complies with the minimum lot size of 7,200 square foot lot size, and the minimum lot width of 60 feet for interior lots, and 65 feet for corner lots of the R-1 zone. Each single-family home is designed to comply with the building setbacks, building height, lot coverage, and parking re quirements of the R-1 zone. The configuration of the lots and design of the proposed single-family homes is compatible with the existing surrounding residential neighborhood.

In addition, the construction of the new single-family homes will increase the number of available housing in the area, and further the goals of the Housing Element of the General Plan to meet the City’s regional housing needs.

3. The site is physically suitable for the type of development and complies with the spirit and intent of the Municipal Code.

The site is physically suitable for the proposed development. The project site has a net lot size of 47,284 square feet and can accommodate the proposed residential subdivision that complies wi th the development standards of the R-1 zone. The proposed subdivision will create four (4) residential lots that will be served by a private street (Lot 5) . Each proposed lot will comply with the minimum lot size of 7,200 square feet, and the minimum lot width of 60 feet for an interior lot, and 65 feet for a corner lot of the R-1 zone. Each lot will provide a lot size of 10,031 square feet (Lot 1), 8,312 square feet (Lot 2), 10,520 square feet (Lot 3), and 7,783 square feet (Lot 4), which complies with the minimum lot size of 7,200 square feet. Lot 1 is a corner lot, and will provide a width of 73.19 feet, while the interior lots, Lots 2, 3 and 4, will each provide a lot width of 69.27 feet, 60 feet, and 60.59 feet, respectively.

The private street has been designed per the City’s standard and provides adequate access for trash trucks an d emergency vehicles, along with accommodating three (3) parallel park ing spaces to serve the residential development. In addition, each residential unit complies with required building setbacks, building height, pa rking requirements, rear yard open space, lot coverage, and landscaping. The project has been designed to comply with the R-1 development standards, and complies with the spirit and intent of the Municipal Code.

Resolution No. 5978-20 Page 8

4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental da mage or substantially and avoidably injure fish or wildlife or their habitat, and the requirements of the California Environmental Quality Act have been satisfied.

Pursuant to the California Environmen tal Quality Act ("CEQA"), the City of Garden Grove has determined that th e proposed project is categorically exempt from the CEQA pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines (14 Cal. Code Regs., Section 15332). The proposed project is characterized as in-fill development meeting conditions described in Section 15332.

5. The site is physically suitable for the proposed density of the development.

The site is physically suitable for the density proposed by the developer. The Low Density Residential General Plan Land Use designation allows a density of up to nine (9) dwelling units per ac re with detached units on their own parcel. The proposed Tentative Tract Map will subdivide a 47,284 square foot parcel into five (5) separate lots, four (4) residential lots (Lots 1 to 4) and one lot that will be used for the pr ivate street (Lot 5), to create a single-family neighborhood with a proposed density of 3.68 units per acre.

The proposed design of each residential lot allows for the placement of one single-family home on each lot, which complies with the density requirement.

Therefore, the property is sufficient in size to accommodate the proposed development, and complies with all applicable provisions of the City of Garden Grove Municipal Code, including the building setbacks, building height, parking, and lot coverage.

6. The design of the subdivision and the proposed improvements are not likely to cause serious public health problems.

The design of the subdivision and the proposed improvements are not likely to cause serious public health problems since conditions of approval will be in place to safeguard the public health. The proposed subdivision has been designed to comply with the developm ent standards of the R-1 zone. City Departments, including Traffic Division, Water Division, Engineering Division, and the Planning Division, and the Orange County Fire Authority (OCFA) have reviewed the proposed development and have applied conditions of approval to minimize potential negative impa cts that the project may have on the community. The conditions of approval for on and off-site improvements will safeguard the public health.

Resolution No. 5978-20 Page 9

7. The design of the project and the pr oposed improvements will not conflict with easements of record or easeme nts established by court judgment acquired by the public at large for a ccess through or use of property within the subdivision; or, if such easements exist, alternate easements for access or for use will be provided and these will be substantially equivalent to the ones previously acquired by the public.

The design of the subdivision and the proposed improvements will not conflict with easements of record or easeme nts established by court judgment acquired by the public at large for a ccess through or use of property within the proposed subdivision. The proj ect has been designed to avoid development over existing easements.

8. The design and improvement of the proposed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations.

The design of the subdivision is suitable for the proposed low-density residential project that will subdivide an existing 47,284 square foot lot into four (4) residential lots to accommoda te single-family homes that will be served by a private street (Lot 5). The subdivision complies with the spirit and intent of the General Plan, and the Subdivision Map Act. The project has also been designed to comply with the R-1 development standards. Each residential lot will comply with the minimum lot size and minimum lot width requirement of the R-1 zone, and each proposed dwelling unit will comply with the setbacks, lot coverage, and parking requirements of the R-1 zone.

9. The design of the subdivision provides , to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision.

To the extent feasible, the project ha s been designed in accordance with Government Code Section 66473.1, such as to allow for passive or natural heating opportunities in the subdivisio n design, to encourage the orientation of structures to take advantage of shade and prevailing breezes, to allow solar access for passive heating and op portunities for placement of shade trees and other vegetation for cooling.

10. The design, density, and configuration of the subdivision strike a balance between the affect of the subdivision on the housing needs of the region and public service needs. The character of the subdivision is compatible with the design of existing structures, and the lot sizes of the subdivision are substantially compatible with the lot sizes within the general area.

Resolution No. 5978-20 Page 10

The project has been reviewed in relati on to the housing needs and goals of the City and is compatible with existing residential projects in the vicinity.

The property is located in a residential area improved with single-family residences. The proposed project will crea te four (4) residential lots that will each be improved with a single-family home. The existing single-family home will remain, and will be reconfigured to fit within the lot area of the proposed lot design, and three (3) new single-family homes will be constructed on each of the three (3) remaining lots. The subdivision is compatible with the surrounding area since each lot will be improved with one (1) single-family home as permitted by code. The project site abuts a residential subdivision to the west, located on Persimmons Circle, that is developed with seven (7) residential lo ts, which are similar to the proposed subdivision.

In addition, the zoning requires a minimum lot size of 7,200 square for new subdivisions in the R-1 zone. Each prop osed lot is designed to comply with the minimum lot size requirement, and will provide a lot size of 10,031 square feet (Lot 1), 8,312 square feet (Lot 2), 10,520 square feet (Lot 3), and 7,783 square feet (Lot 4). The proposed lot sizes comply with the minimum code requirement, and are compatible with the lot sizes of existing residential properties in the area. Also, the subdivision will be served by a private street that is designed to Ci ty standards that allow for adequate public service access for emergency vehicles.

The proposed subdivision and the con struction of the new single-family homes will increase the number of available housing in the area, and further the goals of the Housing Element of the General Plan.

11. The subject property is not located within a state responsibility area or a very high fire hazard severity zone, the proposed subdivision is served by local fire suppression services, and the proposed subdivision meets applicable design, location, and ingress-egress requirements.

12. The discharge of waste from the proposed subdivision into the existing sewer system will not result in violation of ex isting requirements prescribed by the California Regional Water Quality Control Board. The conditions of approval for on and off-site improvements will ensure permitted capacity of the public sewer system is not exceeded.

INCORPORATION OF FACTS AND FINDINGS SET FORTH IN STAFF REPORT

In addition to the foregoing, the Planning Commission incorporates herein by this reference, the facts and findings set forth in the staff report.

Resolution No. 5978-20 Page 11

BE IT FURTHER RESOLVED that the Planning Commission does conclude:

1. The Site Plan and Tentative Tract Map possess characteristics that would justify the request in accordance with Municipal Code Section No. 9.32.030.3 (Site Plan) and Section 9.40.060 (Tentative Maps).

2. In order to fulfill the purpose and intent of the Municipal Code and thereby promote the health, safety, and general welfare, the attached Conditions of Approval (Exhibit “A”) shall apply to Site Plan No. SP-081-2020 and Tentative Tract Map No. TT-18181.

Adopted this 16th day of April 2020

ATTEST: /s/ JEREM Y LEHMAN __________
CHAIR
/s/ JUDITH MOORE_____________

RECORDING SECRETARY

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, JUDITH MOORE, Secretary of th e City of Garden Grove Planning Commission, do hereby certify that the fo regoing Resolution was duly adopted by the Planning Commission of the City of Gard en Grove, California, at a meeting held on April 16, 2020, by the following vote:

AYES: COMMISSIONERS: (7) LE, LE HMAN, LINDSAY, NGUYEN, PEREZ,

RAMIREZ, SOEFFNER
NOES: COMMISSIONERS: (0) NONE

/s/ JUDITH MOORE ___________

RECORDING SECRETARY

PLEASE NOTE: Any request for court review of this decision must be filed within 90 days of the date this decision was fina l (See Code of Civil Procedure Section 1094.6).

A decision becomes final if it is not timely appealed to the City Council. Appeal deadline is May 8, 2020.

← All documents from this meeting